...arguments, the learned counsel for the appellant fairly conceded that under Section 213 (2) of the Indian Succession / Act, 1925, not apply to the Will made by Mohammadan. Hence, the probate ori...petition as such not maintainable in law and prayed for suitable orders. 4. Section 213(2) of the Indian Succession Act reads as follows: "Right as executor or legat...considering the Section 213(2) of Indian Succession Act, this Original Petition as such is not maintainable in law. / 7. Accordingly, the Civil Miscellaneous A...

...the certified copy of the probate on the ground that in terms of section 213(2) of the Indian Succession Act, there is no need to obtain a probate in case of a will made...rightly pointed out by the petitioner, in terms of section 213(2) of the Indian Succession Act, there is no need to obtain a probate in case of a will made by an ...probate, which even otherwise is not necessary in terms of section 213(2) of the Indian Succession Act.8. In view of the foregoing, the company is directed to register the transmis...

...order impugned.2. No doubt Section 213(2) of the Indian Succession Act has been amended by Act 26 of 2002. This is in tune with the ...independent of Section 213 of the Indian Succession Act.3. Section 214 of the Indian Succession Act casts a duty on the alleged...finding of the court below that Section 214 of the Indian Succession Act need not be complied with in view of the amendment to Section 213 thereof is obviously erroneous...

...realised that an application for grant of probate of a Will of an Indian Christian was not required at all by virtue of section 213(2) of the Indian Succession Act, 1925...1. The Court: An application for grant of probate of the Will of an Indian Christian, Kalyan Kumar Bose, deceased (P.L.A No. 180 of 2012) was made ready and filed by the Advocates-on...-Record for the executor and petitioner, M/s. Khaitan & Co.2. Court fee of Rs. 50,000/- was paid at the time of filing of the application.3. Thereafter, the Advocates-on-Record...

...judgment and order dated August 2, 1971 held that in view of the provision contained in Section 213(2) of the Indian Succession Act, 1925 a will made by a Hindu in the State of Madhya Pra...be Probated and that Section 214 of the Indian Succession Act is not attracted because the consent decree did not provide for recovering any debt. The High Court accordingly set aside the order of the...will as required by Section 63(1)(c) of the Indian Succession Act would be removed because the order admitting the will to the Probate will operate as a judgment in rem. Therefore the High Court was...

...Mohammedan because she has propounded the Will of the deceased to whom the Indian Succession Act applies and consequently as per the Judgment in Sayeeda Shakur Khan (supra) probate of the Will of...the Indian Succession Act. Hence the non-obstante clause in section 21 of the Special Marriages Act would not also require the defendant to have such restriction placed on her.22. ...restrictions upon proving the Will of the deceased Mohammedan. section 213 of the Indian Succession Act applies to the claim of the defendant. The defendant as legatee may other...

..., sub-section (2) of Section 213 of the Indian Succession Act applies and sub-section (1) has no application. As a consequence, a probate will not be r...Indian Succession Act applies or not. There is nothing in Section 214 like sub-section (2) of Section 213 laying down that the provisions of t...provisions of Section 214 read with Section 213 of the Indian Succession Act did not apply to a Hindu living in Uttar Pradesh, the courts below committed an error in hol...

.... P4 the petitioner was asked to produce an ancillary grant. According to the petitioner the probate of the will is not applicable to Christians, which is clear from Section 213(2) of the Indian ...an authenticated copy of the Will annexed.(2) This section shall not apply in the case of Wills made by Munhammadans [or Indian Christians], and shall only apply -(i) in...Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962 (16 of 1962), where such Wills are made within the local limits of the [ordinary civil...

.... Section 213 of the Indian Succession Act creates a bar to the establishment of any right under a Will by the executor or legatee, unless probate or letter of administration have been obtained.... However, the said provision does not apply to the Will made by Muslims, Indian Christians or Hindus as per sub-clause (2) of Section 213. Hence, probating of Will is no longer...OF THE TAHSILDAR, KANAYANNUR TALUK OFFICE, ERNAKULAM DISTRICT, PIN - 682011 2 THE VILLAGE OFFICER VILLAGE OFFICE, NADAMA...

...therefore be held that not only that Class I heirs under Section 8 read with Schedule of the Hindu Succession Act but also the executor of the will of the deceased Goenka are legal representatives within the meaning of ...reference to the arbitrator relates “to settle dispute as to who would be the legal heirs to the estate of Shri C.S Goenka”. Section 2(11) of CPC Act (5 of 1908) defines ‘legal representative’ to mean a..., are legal representatives.11. Section 3(f) of the Hindu Succession Act, 1956 defines “heirs” to mean any person, male or female who is entitled to succeed to the property of...

...Will as required by sub-section (1) of section 213 of the Indian Succession Act, 1925 as well as per the law laid down by this Court in the case of ...case of Wills made by Parsi etc. In the instant case, this Court is not concerned with sub-clause (ii) of sub-section (2) of section 213 of the Indian Succession Act,...is concerned with sub-clause (i) of sub-section (2), which demonstrates that provisions of section 213 of the Act shall apply only in respect of the cases specified in clauses (a) and (b)...

...not obtain a probate of the Will as required by sub-section (1) of section 213 of the Indian Succession Act, 1925 as well as per the law laid down by this Court in the c...section 57 and as well as in the case of Wills made by Parsi etc. In the instant case, this Court is not concerned with sub-clause (ii) of sub-section (2) of section 213 of the ...is concerned with sub-clause (i) of sub-section (2), which demonstrates that provisions of section 213 of the Act shall apply only in respect of the cases specified in Clauses (a) and (b)...

...propounded even though she is a Mohammedan because she has propounded the Will of the deceased to whom the Indian Succession Act applies and consequently as per the Judgment in Sayeeda Shakur Khan (supra)- pr...the Indian Succession Act. Hence the non-obstante clause in Section 21 of the Special Marriages Act would not also require the defendant to have such restriction placed on her. ...the Will of the deceased Mohammedan. Section 213 of the Indian Succession Act applies to the claim of the defendant. The defendant as legatee may otherwise ...

.... D.V.S.S. Murthy, 1979 (2) ALT 347, wherein the Division Bench was pleased to observe that Section 213(2) of the Indian Succession Act excludes wills execu...reading of Section 213(2) read with Section 57(a) and (b) of the Indian Succession Act, 1925 that the prohibition contained in sub-...immovable properties situated within the territorial jurisdiction of the State of Andhra Pradesh the prohibition contained in sub-section (1) of Section 213 has no application and further it was a...

...per the provisions of Section 213 of Indian Succession Act. The respondents contended that as per Section 213(2) of the ...Section 213 of the Indian Succession Act, an Executor or Legatee cannot establish right under an unprobated Will or without obtaining letter of administration as the case may be...-Court, Tenkasi.2. The revision petitioner herein is the third defendant, whereas the first respondent is the plaintiff and the respondents 2 to 5 are the defendants 2 and 4 to 6 in the...

...S. Rajendra Babu, J.— These two writ petitions have been filed challenging the validity of Section 213 of the Indian Succession Act, 1925 (hereinafter referred to as “the ...proceedings that in view of the harsh procedure contemplated in the provisions under challenge the Kerala Legislature has enacted an amendment known as the Indian Succession (Kerala Amendment) Act, 1986 dated 14-3-1997 by w...residing in the State of Kerala owning property therein if dies after making a will, the legatee thereto need not obtain a probate in terms of Section 213 of the Indian Succession Act before...

...talking about probate. He contended that probate is not required in view of provisions of Section 57(A) and (B) of the Indian Succession Act as well as to the will in question in view of ...the Indian Succession Act. The learned Counsel also placed reliance on a Single Judge decision of this Court in the case of Srinivas...been laid down that,“A reading of Clause (a) of Section 57 read with Section 213 makes it clear that it could only apply to cases when the property or...

... settle claims of the deceased depositors within 15 days from their death. In the light of the amendment to Section 213 (2) of the Indian ...Act and its well-settled interpretations. 7. In interpreting Section 213 of the Succession Act (Kerala Amendment) Act, 1996, a Bench of this Court in ...death certificate proves that he died on 08.07.2024. 4. It is contextual to refer to Section 213 of the Indian Succession (Kerala Amendment) Act, 1996, which came into...

...no right can be based on that document, in other words, the document is inadmissible in evidence. This view would be correct provided Section 213 of the Indian Succession Act app...213 and Section 57(a) of the Indian Succession Act. These provisions are quoted hereinbelow.“Section 213(2) — This...in nature of a Will and not a deed of gift. This document (Ex. B) has not been probated under Section 213 of the Indian Succession Act and accordingly it has been held that...

...his sister Meera Bai has been rejected. 2. Placing reliance to the provisions of Section 213 of the Indian Succession Act, 1925 and contention advanced ...learned Trial Judge by the order impugned held that the provisions of Section 213 of the Indian Succession Act, 1925 particularly Sub-section (2), Clause (i) re...plaintiff was executed in Madhya Pradesh;. To decide whether Section 213 of the Indian Succession Act bars claim based on a Will in the absence of a probate would require...